Yahoo Refuses Family Access to Slain Son’s Email   12/23/2004 - 1,439 views, 2 Comments

Justin Ellsworth, of Wixom, Michigan, was killed last month while on foot patrol in Iraq.

John Ellsworth, the grieving father of the 20-year-old Marine, asked Yahoo to please give him access to his son’s email account.

Yahoo politely declined, citing its privacy policy.

Now, this raises some interesting issues. Online privacy policies are (or should be) considered sacrosanct.

On the other hand, when you pass away, generally all of your possessions which are not otherwise divided by a will are passed on to your next of kin, in this case Justin’s father, John. This would typically include things such as letters and other mail, the contents of safe deposit boxes, the contents of a locker - all things which arguably are afforded the same degree of privacy while you are alive, but which pass on to and become the property of an immediate family member when you are gone.

Is email any different? Should it be?

Now, it may be that Yahoo would actually like to give Mr. Ellsworth the access which he seeks, but to cover themselves, they need some sort of legal impetus. It is not at all uncommon for ISPs to almost invite, and certainly welcome, a subpoena which allows them to divulge the misdeeds of a user which their privacy policy would otherwise prohibit, for example. Most privacy policies state quite clearly that if required by a court of law, they will share your otherwise private information. Perhaps Yahoo is hoping for a similar outcome here.

If Justin’s father decides to go that route, he won’t have to look far to find an attorney or two willing to take the case. In fact, offers of help have been pouring in from across the country. And not just from attorneys offering free legal services and concerned samaritans offering money, but even from computer forensic experts offering to help crack his son’s password.

Said Ellsworth, “It’s an overwhelming response. … Things are really moving. I’m very encouraged by it all, but I still have my reservations.”

It’s certainly a tough situation, and it will be interesting to see how it resolves.

In the meantime, of course, our hearts and thoughts go out to the Ellsworth family, and to all families who have recently lost a loved one.